Indirect Liability for Copyright Infringement

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Liability for Copyright Infringement by : William M. Landes

Download or read book Indirect Liability for Copyright Infringement written by William M. Landes and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When individuals infringe copyright, they often use tools, services, and venues provided by other parties. An enduring legal question asks to what extent those other parties should be held liable for the resulting infringement. For example, should a firm that produces photocopiers be required to compensate authors for any unauthorized copies made on that firm's machines? What about firms that manufacture personal computers or offer Internet access; should they be liable, at least in part, for online music piracy? Modern copyright law addresses these issues through a variety of common law doctrines and statutory provisions. In this essay, we introduce those rules and evaluate them from an economic perspective. In the process, we emphasize that every mechanism for rewarding authors inevitably introduces some form of inefficiency, and thus the only way to determine the proper scope for indirect liability is to weigh its costs and benefits against those associated with other plausible mechanisms for rewarding authors.

Indirect Copyright Infringement Liability for an ISP

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Publisher :
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Indirect Copyright Infringement Liability for an ISP by : Richard Watt

Download or read book Indirect Copyright Infringement Liability for an ISP written by Richard Watt and published by . This book was released on 2019 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under current copyright law in many countries, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). We specify the contracts that are self-selecting and incentive compatible for the set of feasible scenarios.

Indirect Copyright Infringement Liability for ISPs and the Economics of Contracts Under Asymmetric Information

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Copyright Infringement Liability for ISPs and the Economics of Contracts Under Asymmetric Information by : Richard Watt

Download or read book Indirect Copyright Infringement Liability for ISPs and the Economics of Contracts Under Asymmetric Information written by Richard Watt and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under current copyright law, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). The self-selecting, incentive compatible equilibrium is found for the feasible scenarios that may present themselves.

Developing an Indirect Liability System for Digital Copyright Infringement in China

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Publisher :
ISBN 13 :
Total Pages : 748 pages
Book Rating : 4.:/5 (95 download)

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Book Synopsis Developing an Indirect Liability System for Digital Copyright Infringement in China by : Xiao Ma

Download or read book Developing an Indirect Liability System for Digital Copyright Infringement in China written by Xiao Ma and published by . This book was released on 2014 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ISP Indirect Copyright Liability Regime

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis ISP Indirect Copyright Liability Regime by : Weixiao Wei

Download or read book ISP Indirect Copyright Liability Regime written by Weixiao Wei and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ISPs' indirect copyright liability permits regulation where traditional legislation fails to meet requirements of copyright protection in a new digital environment, and makes a third party possibly to prevent or decrease the risk of copyright infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs' liability for fierce copyright infringement committed by their users over the Internet in most of the jurisdictions, the strength of this liability regime is still being challenged. Some argued that imposing indirect liability on the ISPs may lead to ISPs' over-zealous censorship and thereby decrease or limit free access to copyright materials. Meanwhile, the ISPs also argued that it is unfair for them to bear the full social costs generated by their users' unlawful activities, merely because they are providing facilities and services. So far, dozens of studies have been produced to criticise those arguments and justify ISPs' indirect copyright liability from legal point of view; however, less attention has been paid to the economic implication of ISPs' indirect copyright liability and the significance it achieves at the confluence of law and economics. Utilizing an evaluation criterion: economic efficiency-Hicks-Kaldor criterion and a simple economic model: cost-benefit analysis, both are drawn from the theory of economics, this paper examines economic strength of indirect liability regime in the context of ISPs' liability for online copyright infringement. It employs a string of relevant cases against those who allegedly facilitate copyright infringements to compare the costs and benefits of ISPs' indirect copyright liability and also three applications of it including vicarious liability, contributory liability and inducement liability. The paper finally concludes that only ISPs' indirect copyright liability regime shaped by the technology through the development of the Internet is the most efficient liability regime to tackle extensive online copyright infringements and bring long term social welfare to the society. This paper was presented at the 23rd BILETA Annual Conference 2008 on March, 2008, and it has been published in the conference proceeding of the 23rd BILETA Annual Conference 2008.

When Should the Bell Toll? The Economics of New Zealand's Debate on Indirect Liability for Internet Copyright Infringement

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis When Should the Bell Toll? The Economics of New Zealand's Debate on Indirect Liability for Internet Copyright Infringement by : Alan E. Woodfield

Download or read book When Should the Bell Toll? The Economics of New Zealand's Debate on Indirect Liability for Internet Copyright Infringement written by Alan E. Woodfield and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article evaluates proposed changes to New Zealand's copyright legislation in respect of potential secondary liability for copyright infringement by Internet service providers. Minor changes were envisaged in order to align the legislation with new international standards, with limitation of ISP liability along the lines of the UK Electronic Commerce Regulations 2002 recommended. Both zero liability and strict liability for web-hosting ISPs are correctly rejected, but the proposed uniform regulatory approach provides limited incentives for ISP monitoring effort and while proposed knowledge-based standards should largely prevent excessive permanent removal of legitimate material, the constructive knowledge test may be insufficient to encourage the removal of many infringing items. The counter-notification procedure may not prevent liability-conscious ISPs from removing excessive legitimate material on a temporary basis, and more radical solutions involving ISP purchase of their subscribers' posted material or compulsory ISP purchase of copyrights did not feature. The design of optimal copyright law is fraught with difficulties, however, and the Ministry's consultative processes and careful deliberations have done much to maintain a reasonable balance between the conflicting interests concerned.

Peer-to-peer File Sharing and Secondary Liability in Copyright Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848449445
Total Pages : 341 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Peer-to-peer File Sharing and Secondary Liability in Copyright Law by : Alain Strowel

Download or read book Peer-to-peer File Sharing and Secondary Liability in Copyright Law written by Alain Strowel and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book that has a lot to offer. Many of its readers will benefit from the first chapters which comprehensively analyse the case law and put it in context, whilst others will benefit more from the more conceptual chapters and the criticism of certain points and suggestions for a way forward contained in them. Paul L.C. Torremans, European Intellectual Property Review This timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements. Moreover, the book includes forward-looking contributions of prominent academics from the USA and the EU, which provide original perspectives on the future shape of online copyright law, looking at questions such as whether it could or even should evolve towards a compensation system. By combining these different avenues, the book will be of particular interest to practitioners, academics, researchers and legal scholars involved in the field of copyright law.

The Copyright Infringement Liability of Online and Internet Service Providers

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ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Copyright Infringement Liability of Online and Internet Service Providers by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Copyright Infringement Liability of Online and Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indirect Free Riding on the Wheels of Commerce

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Free Riding on the Wheels of Commerce by : Barak Orbach

Download or read book Indirect Free Riding on the Wheels of Commerce written by Barak Orbach and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed explosion in copyright literature on potential indirect liability of providers of dual-use technologies - technologies that are capable of infringing and noninfringing uses. The existing literature, however, fails to identify several important characteristics of copyright disputes over dual-use technologies. This Article finds that attempts to impose indirect liability on providers of dual-use technologies tend to appear in multisided markets, which are business environments in which market intermediaries connect members of different, distinct groups. The Article shows that indirect network externalities that multisided markets generate are the value that stirs up disputes over dual-use technologies. The Article explains the nature of indirect network externalities and their significance to copyright law. It characterizes the properties of markets in which disputes over dual-use technologies tend to arise, offers criteria to differentiate among dual-use technologies, and examines the desirability of present copyright liability rules. The analytical framework advanced in this Article offers courts, policymakers, and scholars practical guidelines for distinguishing between socially desirable and undesirable dual-use technologies. The framework also exposes some limitations of present copyright law in addressing the problem of dual-use technologies.

Indirect Infringement from a Tort Law Perspective

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ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Indirect Infringement from a Tort Law Perspective by : Charles (Chuck) William Adams

Download or read book Indirect Infringement from a Tort Law Perspective written by Charles (Chuck) William Adams and published by . This book was released on 2007 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article compares the law of indirect infringement for patents, copyrights, and trademarks to the general tort law governing liability for torts committed by others. The law imposes liability for torts committed by other persons in a number of circumstances. Liability is imposed on an aider and abettor who gives substantial assistance or encouragement to another person's commission of a tort, provided the aider and abettor actually knows the other person's conduct is tortious. Liability is also imposed on a party who induces another person to commit a tort if the inducer either knows or should know of circumstances that would make the conduct tortious. In addition, liability is imposed on a party who permits another person to commit torts on the party's premises or with the party's instrumentalities if the party knows the other person is acting or will act tortiously. The law of indirect infringement for patents, copyrights, and trademarks originally developed out of the general tort law, but it has diverged from the general tort law in various ways. Since direct infringement is a statutory tort, liability should not be imposed for indirect infringement when the general tort law would not impose liability for other types of torts committed by other persons, unless there are sound reasons for treating infringement differently than other types of torts. Consequently, the general tort law may provide insight as to how unsettled issues in the law of indirect infringement of intellectual property rights should be resolved. In addition, identifying differences between the general tort law principles and the law of indirect infringement reveals questionable case law that should be reexamined.

Secondary Copyright Liability in an Age of Technological Innovation

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Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (95 download)

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Book Synopsis Secondary Copyright Liability in an Age of Technological Innovation by : Changhwa Kim

Download or read book Secondary Copyright Liability in an Age of Technological Innovation written by Changhwa Kim and published by . This book was released on 2012 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Copyright for Librarians

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ISBN 13 : 9789081836012
Total Pages : 183 pages
Book Rating : 4.8/5 (36 download)

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Book Synopsis Copyright for Librarians by : Harvard University. Berkman Center for Internet & Society

Download or read book Copyright for Librarians written by Harvard University. Berkman Center for Internet & Society and published by . This book was released on 2012 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Re-designed as a textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online curriculum. With a new index and a handy Glossary, it is essential reading for librarians and for anyone learning about or teaching copyright law in the information field."--Publisher's website.

Indirect Copyright Liability and Technological Innovation

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Copyright Liability and Technological Innovation by : Peter S. Menell

Download or read book Indirect Copyright Liability and Technological Innovation written by Peter S. Menell and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers both a broader framework for assessing the relationship between indirect copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates that the question of whether indirect copyright liability chills technological innovation inherently requires consideration of a broader range of social balances, market mechanisms, and roles for mediating institutions. Several countervailing forces, such as the relatively modest capital requirements associated with the technology at issue, the nature of the many established research environments, the philosophical and cultural orientation of many digital technology researchers, various liability-insulating institutions, the ability of investors and technology companies to manage risk, and the importance of technological advance in fields unaffected by copyright liability, suggest that the effects of indirect copyright liability on innovation in replication and distribution technologies will be less dire and more complex than the conjecture suggests. Moreover, the Chilled Innovation conjecture downplays the beneficial effects of indirect copyright liability on the development of balanced technologies (those that tend to balance incentives to create copyrighted works with advances in information dissemination) while ignoring the adverse effects of broad immunity, which fosters deployment of parasitic technologies that tend to drive out balanced technologies. To the extent that the Chilled Innovation conjecture has force, it is not at the basic research and development stages of the innovation pipeline, but rather at the commercialization stage - which is where in the innovation process such effects are most appropriately focused. This limits the effects of choking innovation in its infancy. The article also offers a partial test of the chilled innovation conjecture by examining academic research and patent data. The findings indicate that the Napster-Aimster-Grokster trilogy does not appear to have derailed technological innovation in the peer-to-peer field.

Copyright Infringement:Comparative Law Yearbook of International Business Special Issue, 1997

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041196544
Total Pages : 472 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Copyright Infringement:Comparative Law Yearbook of International Business Special Issue, 1997 by : Dennis Campbell

Download or read book Copyright Infringement:Comparative Law Yearbook of International Business Special Issue, 1997 written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 1998-04-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law yearbook of international business, special issue, 1997.

Telecommunications Essentials, Second Edition

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Publisher : Pearson Education
ISBN 13 : 0132702312
Total Pages : 1229 pages
Book Rating : 4.1/5 (327 download)

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Book Synopsis Telecommunications Essentials, Second Edition by : Lillian Goleniewski

Download or read book Telecommunications Essentials, Second Edition written by Lillian Goleniewski and published by Pearson Education. This book was released on 2006-10-10 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telecommunications Essentials, Second Edition, provides a comprehensive overview of the rapidly evolving world of telecommunications. Providing an in-depth, one-stop reference for anyone wanting to get up to speed on the $1.2 trillion telecommunications industry, this book not only covers the basic building blocks but also introduces the most current information on new technologies. This edition features new sections on IP telephony, VPNs, NGN architectures, broadband access alternatives, and broadband wireless applications, and it describes the technological and political forces at play in the world of telecommunications around the globe. Topics include Communications fundamentals, from traditional transmission media, to establishing communicationschannels, to the PSTN Data networking and the Internet, including the basics of data communications, local area networking, wide area networking, and the Internet and IP infrastructures Next-generation networks, including the applications, characteristics, and requirements of the new generation of networks that are being built to quickly and reliably carry the ever-increasing network traffic, focusing on IP services, network infrastructure, optical networking, and broadband access alternatives Wireless networking, including the basics of wireless networking and the technologies involved in WWANs, WMANs, WLANs, and WPANs

Copyright Law Revision

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (499 download)

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Book Synopsis Copyright Law Revision by :

Download or read book Copyright Law Revision written by and published by . This book was released on 19?? with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Copyright Law in China

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Copyright Law in China by : Chengsi Zheng

Download or read book Copyright Law in China written by Chengsi Zheng and published by . This book was released on 1991 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: